MISSING/FOUND DEAD: Terry Dewayne Smith, 11 - CA.

[HairOfTheDog]

If I remember right, they sued the city and won a couple of million dollars... claimed the police failed by not checking the car on the property while searching.

Never heard of the case before but looked it up; your memory is correct.

Sad case of (preventable) accidental death. The police no doubt should have done a better job.

Too bad that the parents didn't think to search the car and trunk after they lost track of the boys - they were apparently alive for 13 hours after going missing.

Don't want to derail this thread, but if anyone's interested in the case, here's the story:

http://abcnews.go.com/TheLaw/city-camden...eBLLW12nLk

[Duchess]

They are charging the half-brother -

The 16-year-old half-brother of an 11-year-old boy found dead earlier this week in Southern California will be charged with one count of murder.

Story

[HairOfTheDog]

They are charging the half-brother -

The 16-year-old half-brother of an 11-year-old boy found dead earlier this week in Southern California will be charged with one count of murder.

He appeared in court yesterday. From the crime blotter:



Skylor Atilano was arrested Wednesday after the remains of his 11-year-old half brother were found buried in a shallow grave, just steps from their Helen Lane home.

The boy entered the courtroom wearing a yellow juvenile hall uniform and was met with a crowd of onlookers, including his mother, several high school friends and a jury box full of media snapping photos of him. He showed little reaction during the brief hearing, speaking quietly with his attorney.

The judge rescheduled the detention hearing for Sept. 17 at the Southwest Justice Center in French Valley. Before ordering the teen to remain in juvenile hall until then, the judge cited the serious nature of the charges against the teen, his “history of violent outbursts”and the fact that he had violated his probation.

John Hall, a spokesman for the Riverside County district attorney’s office, said he could not discuss the prior incidents that the judge referred to in court.

No determination was made about whether Skylor may be tried as an adult. A judge will make that decision at a later date, Hall said.

[BlueTiki]

. . . the judge cited the serious nature of the charges against the teen, his “history of violent outbursts”and the fact that he had violated his probation.

No determination was made about whether Skylor may be tried as an adult. A judge will make that decision at a later date, Hall said.

Dear Parents of Travon Martin:

This is what happens when you have a 16 year old who is not supervised after getting in trouble.

Sorry . . . another thing.

Signed,

A citizen who believes this "kid" should be tried as an adult

[HairOfTheDog]

^ Terry's dad is blaming his ex-wife for not properly supervising the children.

He says he raised Skylor too (his stepson).

According to Terry Sr., Terry Jr. was always complaining about how his older half-brother treated him and he wanted to move back with his father. I always take an ex's criticism with a grain of salt, but get the feeling Sr. is telling it like it is here.

Given all of the trouble that Skylor was apparently getting into (records sealed as to why he was on probation) and his reported treatment of his little brother, it's a shame that Shawna and her partner (Dennise Bugna) chose to leave Terry Jr. in his care when they reportedly went out to play pool that night. Shawna and Dennise are not commenting at this time.

[HairOfTheDog]

Slow turning wheels

Skylor Atilano's hearing on Sept 17^th was postponed.

On Oct 23^rd, the now cropped-cut 16 year old murder suspect appeared in juvenile court with his attorneys.



His mom and his mom's girlfriend were again present to support him. Mom, Shawna Smith, says she visits Skylor every Sunday and they talk on the the phone.

Well, the proceedings were postponed again - because the autopsy report on Terry Jr. still isn't completed - no cause or time of death released. WTF is taking so long? It's been over 3 months since Terry's body was found in the shallow grave behind his home.

Anyway, Atilano is expected back in court on Nov 7^th; hopefully things can move forward then.

Whether Atilano will be charged as an adult has not been determined/released yet.

[HairOfTheDog]

The November 7^th hearing was postponed; that's the third postponement - no explanation released.

Atilano is now scheduled to appear a week from today, Tuesday, Dec. 17^th.

[HairOfTheDog]

17 year-old Skylor Atilano -- should he be tried as an adult or a juvenile for bashing his 11 year-old brother's head in and burying him in a shallow grave?



Last Thursday, a juvenile court judge today ordered the Riverside County probation department to prepare a report recommending whether the juvenile half brother of Terry Smith Jr. should be tried for murder as a juvenile or an adult.

Judge Timothy Freer will have the final say after reviewing the probation department's report regarding Skylor Atilano, who was 16 when he was arrested last July and charged with the murder of 11-year-old Terry Smith Jr. in Menifee. Atilano remains in custody at the Southwest Justice Center in French Valley.

The judge set a court date of June 12 to receive the probation department's report.

Atilano is accused of killing Terry Smith Jr. whose body was found buried in a shallow grave in the family backyard following a three-day search by thousands of residents throughout the valley.

Meanwhile, the boys' mother (Shawna Smith) says she's standing by Skylor no matter what, that he's doing well in juvie and working towards his high-school diploma, that authorities are kinda keeping her in the dark because she's the mother of both the victim and the suspect, and that she's never asked Skylor about the incident (I don't understand that last bit -- I'd wanna know exactly what went down if one of my family members was alleged to have killed another one).

Sources:
http://www.menifee247.com/2014/04/probat...ilano.html
http://www.pe.com/local-news/riverside-c...d-teen.ece

[SIXFOOTERsez]

Just cut that chickens head off. How in the hell would the state propose to "Rahabilitate" this little sociopath?

[HairOfTheDog]

CASE CLOSED -- KILLER SENTENCED

Signed,

A citizen who believes this "kid" should be tried as an adult

I also believed that 16-year-old Skylor Atilano should be tried as an adult.

News of the case has been hard to come by because Atliano was being held in juvenile detention while it was being determined whether he would be tried for murder as an adult or a juvenile.

Turns out, more than a year after his arrest, the judge ruled in favor of trying now 17-year-old Skylor Atilano as a juvenile. And, prosecutors downgraded the murder charge in exchange for a plea deal.

On Friday, in Riverside County juvenile court, Atilano pleaded guilty to voluntary manslaughter.

Judge Timothy Freer sentenced him to 12 years in juvenile detention. However, he must be released by the time he's 23, under California law.

Atillano intentionally beat his 11-year-old brother's head in with a rock, buried the little boy in a shallow grave in the backyard, participated in massive search efforts that went on for days, lied and tried to cover his ass...

And, this "kid" will be out roaming the streets before his 25^th birthday. Total bullshit, IMO.

I guess the most society can do is hope that Atilano can somehow be "rehabilitated" before he's set free.


Ref: http://www.huffingtonpost.com/2014/08/15..._ref=crime